Is
It Possible to Transfer My Earlier
Priority Date to My New I-140 Application?

Dr. William:

My
previous employer sponsored I-140 was approved. Since I changed employer
thereafter, now I need to file an I-140 again based on NIW. Is it possible to
transfer my earlier Priority Date to my new I-140 application? and how to
do it?

Answer:

It is possible to transfer an earlier Priority Date from one employment-based
green card case to another, filed for the same person, if the first case has
reached the point where the 1-140 petition has been approved. Similarly, it is
possible to transfer a priority date from an approved I-130 petition to a later
family-based filing.

To make the USCIS Service Center aware that you have an earlier priority
date, it is generally best to put such requests on the top of the filing or
directly behind the cover sheet, to maximize the chance that it will be seen and
acknowledged. This will avoid a rejection of the file, based on the priority
date not being current, and a needless delay in processing the new filing.